- A temporary court order has stopped anyone from taking material from gold-bearing rock dumps that are said to be worth over R225 million.
- Malamani Mining believes that these historical tailings fall within its prospecting rights. However, the Batshweneng CPA insists the dumps belong to the communal landowner.
- The question of who owns the dumps will be back in court on 11 February 2027.
A multimillion-rand dispute over historical gold-bearing rock dumps has taken a significant turn after an interim interdict halted the removal of material from the disputed tailings pending a High Court battle over ownership.
Malamani Mining and Exploration brought an urgent application before the High Court in Mahikeng against the Batshweneng Communal Property Association (CPA), which owns the Remaining Extent of Farm Windheuwel 86 JO near Ottoshoop, and its commercial arm, Batshweneng Due Rise Ventures.
The core of the dispute is about historical rock dumps and tailings that Malamani says contain gold worth more than R225 million. The company argues that its prospecting right, along with a 2017 binding agreement with the CPA, gives it the exclusive right to prospect, take samples and handle the residue.
The CPA disagrees, saying the dumps are historical assets that fall outside the prospecting right and belong to the communal landowner.
Why the matter became urgent
According to the court judgment, tensions rose after Malamani found out that Due Rise had obtained a hazardous waste transporter certificate from the North West Department of Economic Development, Environment, Conservation and Tourism.
Malamani said it asked the CPA to promise not to remove the material while the dispute was ongoing, but the request was refused. The company also claimed that heavy machinery later arrived at the dumps and that one of its representatives was denied access to the property on 28 July.
Acting Judge M Wessels found these events justified urgent intervention. “I am convinced that the urgency of the application warranted a deviation from standard timeframes and procedural rules,” the judge said.
Material to remain untouched
The court made it clear that it was not deciding who ultimately owns the rock dumps yet. It only needed to decide whether the material should be left untouched until ownership is settled.
Judge Wessels said Malamani had shown it has a basic right that deserves temporary protection. He also said that removing the limited material before the trial could cause harm that could not be undone.
He also dismissed the respondents’ argument about the hazardous waste transporter certificate. The judge pointed out that the certificate allows the material to be transported, but does not decide who is legally allowed to remove, sell or dispose of it. “The balance of convenience favours preserving the status quo,” the judge said.
The interim order stops the CPA and Due Rise from removing, selling or dealing in the rock dumps, tailings and stockpiles. It also restores Malamani’s access to the property and prevents anyone from interfering with its prospecting and sampling work until the case returns to court in February 2027.
Costs
Although Malamani got the interim interdict, it was ordered to pay the wasted costs of an earlier postponement on 31 July 2026.
The costs for the main case will be decided when the matter is back in court.
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